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  • Article

    When ‘I quit' doesn't mean ‘I quit'

    Employers should be careful not to hastily accept an employee's resignation made in the heat of the moment.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    No jab, no work – Valid employee dismissal for refusing the flu vaccine

    This decision provides further guidance for employers who are considering mandatory COVID-19 vaccines for their employees.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    When does a later resignation supersede a dismissal?

A common solution when a dismissal is disputed is for the employer and an employee to reach a separation agreement.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
  • Article

    You're Dismissed…or Maybe Not: When A Demotion May Not Amount To A Dismissal

    In a recent decision, the Fair Work Commission Full Bench (FWCFB), in considering the meaning of "dismissal" under section 386 of the Fair Work Act 2009 (Cth) (FW Act), has found that a 10% salary reduction did not amount to a dismissal.
    AustraliaEmployment and HR
    Vincent Young
    Vincent Young
  • Article

    Dismissed for misconduct: facing the consequences of Facebook postings

    Employers should avoid uncertainty about the use of social media in and outside the workplace by appropriate policies.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Month in review – Workplace culture matters

    Considers recent workplace matters and employment law in the news and in the courts.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Abandonment of employment

    To terminate an employee on the basis of abandonment of employment, an employer must end the employment relationship.
    AustraliaEmployment and HR
    Pointon Partners
    Pointon Partners
  • Article

    Are customer surveys an effective performance assessment tool?

    Employers risk the employee making an unfair dismissal claim for using customer surveys if they are not carefully considered.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Breaching workplace safety: valid reason for dismissal

    It was not unfair dismissal to end the employment of an employee who had breached the health and safety requirements.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Can a redundant employee be overqualified for redeployment?

    The Commissioner ruled that it would be 'unwise' to redeploy an employee who is overqualified for the available position.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Can an employee withdraw their termination? Do you have to accept an employees termination for it to be valid?

    Exceptions to the rule that the only way a termination can be withdrawn is by the consent of both the employer & employee.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Can my misdirected text justify my dismissal?

    Accidentally sending a text message to the wrong person could be awkward, or disastrous if the content is inappropriate.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Caution when employees are dismissed on medical grounds

    Organisations must be very careful when dismissing employees due to illness or injury, to avoid unfair dismissal claims.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Compliance and the Fair Work Ombudsman

    The Fair Work Ombudsman continues the work of the Workplace Ombudsman in promoting and monitoring compliance with Commonwealth Workplace Laws.
    AustraliaEmployment and HR
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Consensual sexual conduct justified dismissal

    Recent decision reminds employers about the importance of communicating clear standards of conduct in policies.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Courts will not second-guess the credible decision-maker in general protections cases

    The Court will resolve the dismissal-related questions by having regard to all the facts established in the proceedings.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Dealing With Underperforming Employees In Recessionary Times

    In times of economic decline, employers pay very close attention to their bottom line. As a result, underperforming employees will often be the first in the firing line. But what is the best way to deal with such employees?
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Defining managerial and directorial roles and can these employees make unfair dismissal claims?

    If they earn less than the high income threshold, employees not covered by an award can make an unfair dismissal claim.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Deliveroo case delivers employment status clarity for gig economy

    Employment contracts and agreements must be valid and accurately reflect the nature of the intended relationship.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Dismissal for falsifying fatigue management records was fair

    Fair Work Australia dismissed a truck driver’s unfair dismissal claim after finding that termination of his employment for falsifying his fatigue management records was not unfair.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Showing 181–200 of 1099 results

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